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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HEADRUSH CLOTHING (Trade Mark: Opposition) [2001] UKIntelP o50001 (8 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o50001.html
Cite as: [2001] UKIntelP o50001
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HEADRUSH CLOTHING (Trade Mark: Opposition) [2001] UKIntelP o50001 (8 November 2001)
For the whole decision click here: o50001
Trade mark decision
- BL Number
- O/500/01
- Decision date
- 8 November 2001
- Hearing officer
- Mr S P Rowan
- Mark
- HEADRUSH CLOTHING
- Classes
- 25
- Applicant
- Stephen Iles
- Opponent
- Head Sport AG
- Opposition
- Section 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition partially successful
Section 5(4)(a) - Opposition partially successful
Points Of Interest
- None.
Summary
The opponents owned registrations for the mark HEAD and claimed extensive use of the mark in relation to clothing. The Hearing Officer considered the evidence filed to support such claims and decided that the opponents had an enhanced reputation in relation only to ski and tennis clothing.
Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue and went on to compare the respective marks HEAD and HEADRUSH CLOTHING and device. Based on normal and fair use of both marks the Hearing Officer decided that there was little likelihood of confusion between the two marks. However, taking the opponents enhanced reputation into account in relation to ski and tennis clothing, he considered that there was a likelihood of confusion between the respective marks in relation to such goods. The Hearing Officer therefore proposed that the applicant restrict his specification by excluding from his specification "clothing for use in skiing and tennis" in order to avoid the conflict.
With regard to the ground under Section 5(4)(a) - Passing Off - the Hearing Officer decided that he would reach the same decision as under Section 5(2)(b).